Can children still divorce during breastfeeding?

Whether the child can still divorce during breastfeeding needs to see the specific situation. In principle, the man cannot propose a divorce, but the woman can.

Netizen consultation:

Can children still divorce during breastfeeding?

Lawyer of Jiangsu Rongding Law Firm answered:

Divorce during breastfeeding.

1. If the woman proposes a divorce request, there is no time limit, and can be divorced at any time. Even during breastfeeding, the woman can make a divorce request to the man.Institutions go through the divorce procedures and receive a divorce certificate. If the man does not agree with the divorce, he can choose a lawsuit and divorce.

2. If the man requires a divorce, a divorce request must be filed after a year of lactation. Divorce cannot be divorced during lactation. However, the people’s court believes that it is necessary to accept the divorce request of the man.After the people’s court tried in accordance with the law, the reason for the man to ask for divorce was legitimate, and a divorce judgment would be made to relieve the marriage relationship between the two parties. If the reason is improper, the prosecution will be rejected on the grounds that there must be no divorce during lactation.

Analysis of Lawyer Flying Tiger in Jiangsu Rongding Law Firm:

In judicial practice, "children during lactation" are usually understood as infants and young children under the age of two.After the divorce, children under the age of two are raised directly by their mother.If the children who are two years old, both parents do not agree with the raising issue, the people’s court will judge the principles of the most conducive to minor children in accordance with the specific circumstances of the two parties.Those who are eight years old should respect their true wishes.

If one party has no economic income or the whereabouts are unknown, the other party cannot get the support fee, and it can be discounted to the child’s child care fee.If there is no reducing payment for the maintenance fee, he can reduce the payment.Reducing the payment mainly refers to the payment of one party. Due to long -term illness or loss of labor ability, the economy is quite difficult, and the power is unable to pay according to the original amount. The support for the child can bear most of the children’s maintenance costs, so it can be required to reduce the payment.

If one party refuses to pay the people’s court’s judgment or ruling on the maintenance fee, the other party can apply to the court for compulsory enforcement, and other relevant units or individuals shall assist in implementing it.If one party does not execute the raising fee paid in the divorce agreement, the other party cannot apply to the people’s court directly for enforcement. Instead, a civil lawsuit must be filed to the people’s court.The other party fulfilled its due obligations.

【Legal basis】

Article 1082 of the "People’s Republic of China", the woman shall not propose a divorce during pregnancy, one year after childbirth or within six months after childbirth;Except for the request of the man’s divorce.

Introduction to Lawyer Hou Feihu

Lawyer of the Tiger, a member of the Nanjing Lawyers Association, a full -time lawyer of Jiangsu Rongding Law Firm, has represented many contract disputes such as commission contracts, trading contracts, service contracts, and private lending, and has rich experience in litigation.Participated in many bankruptcy liquidation and mandatory liquidation projects, which can help the creditors declare creditor’s rights

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